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Free West Virginia Minor (Child) Power of Attorney Template

Put a trusted caregiver in charge of your child's day-to-day needs. Fill out your West Virginia form with a guided questionnaire.

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What Is a West Virginia Minor (Child) Power of Attorney?

A West Virginia minor (child) power of attorney is a parent’s written delegation of a child’s care and custody to another adult. West Virginia has a specific statute for these arrangements, but it only applies in certain situations.

When West Virginia's Statute Applies

Arrangements Made Through a Qualified Nonprofit

Article 8 of Chapter 49, the Supporting and Strengthening Families Act, applies only when a parent, guardian, or legal custodian arranges temporary care with the help of a qualified nonprofit organization.

Other Powers of Attorney Aren’t Restricted

The statute states that nothing in it restricts parents from using a power of attorney for their children’s care in other contexts. So a private arrangement with a relative or friend isn’t limited by the Act’s rules.

Rules Under the Act

When the Act applies, the designee serves continuously and without pay. Beyond that, the delegation can last up to one year. The designee can’t consent to marriage, adoption, an abortion, or termination of parental rights. In addition, the nonprofit runs a criminal history and background check on the designee before signing and trains them on their duties.

Tip

If a nonprofit program is helping you arrange care, ask whether it’s working under West Virginia’s Supporting and Strengthening Families Act. Its rules on duration, background checks, and training will then apply.

How Does Revocation Work in West Virginia?

Under the Act, you can revoke or withdraw a West Virginia minor (child) power of attorney at any time. The child must then be returned to you within 48 hours. That 48-hour rule also applies when the document expires or otherwise ends.

In addition, the designee can’t move from the address on the form without your written approval. And anyone who accepts care under the Act becomes a mandated reporter of suspected abuse and neglect.

How to Prepare It in West Virginia

  1. Decide whether you’re working with a qualified nonprofit program.
  2. Name yourself, each child, and the caregiver.
  3. List the care and custody decisions you’re delegating.
  4. Set start and end dates, up to one year if the Act applies.
  5. Sign in front of a notary, since a notarized form is easier for others to trust.

What to Include in a West Virginia Form

The statutory form in § 49-8-4 makes a useful checklist, even for private arrangements.

  • Your name and certification as parent or legal custodian
  • Each child’s name and date of birth
  • The designee’s name and address
  • A full delegation or a list of specific powers
  • Start and end dates
  • Your signature and the designee’s acceptance

Create your West Virginia minor (child) power of attorney today and have it ready before you go.